|
Extension
of Work Authorization for TPS Recipients
from Burundi, Sudan, Honduras, Nicaragua, El Salvador, Liberia,
and Somalia
-
The Secretary of Homeland Security is
authorized to grant Temporary Protected Status (TPS) to
eligible nationals of designated countries. Countries
may be designated that are suffering the effects of an
ongoing armed conflict, environmental disaster, or extraordinary
and temporary conditions within a country.
-
TPS beneficiaries may remain in the United
States and obtain work authorization during the period
for which a country is designated under the TPS program.
On October 1, 2008, the Department of Homeland
Security (DHS) formally announced an eighteen-month extension
of the TPS designation for eligible Honduran and Nicaraguan
nationals from January 6, 2009 to July 5, 2010. Unlike the
prior extension of TPS for Honduras and Nicaragua, the Federal
Register notices announcing the latest TPS extensions do not
automatically extend previously issued employment authorization
documents (EADs). Eligible TPS beneficiaries must apply to
USCIS for extensions of their EADs, and pay the required application
fee for such extensions, during the 60-day registration period.
Re-registration is limited to persons who have previously
registered with USCIS for TPS under the designation of Honduras
and Nicragua and whose applications have been granted by or
remain pending with USCIS.
Will my current EAD that is set to expire on January
5, 2009, automatically be extended for six months?
No. The Federal Register notices do not automatically extend
previously-issued EADs. DHS is announcing the extension
of the TPS designation of Honduras and Nicaragua and establishing
the re-registration period at an early date to allow sufficient
time for DHS to process EAD requests prior to the current
January 5, 2009 EAD expiration date. You must file both
your Form I-821 and Form I-765 during the 60-day re-registration
period. Failure to apply during the re-registration period
without good cause will result in withdrawal of your TPS
benefits. DHS strongly encourages you to file as early as
possible within the re-registration period.
May I request an interim EAD at my local USCIS District
Office?
No. USCIS will not issue interim EADs to TPS
applicants and re-registrants at USCIS District Offices. Interim
EADs may only be issued by the Vermont Service Center.
What documents may I show to my employer as proof of employment
authorization and identity when completing Form I-9?
After January 5, 2009, a TPS beneficiary from Honduras
or Nicaragua who has timely re-registered with USCIS as
directed under the October 1, 2008 Federal Register notices
and obtained a new EAD may present his or her new valid
EAD to his or her employer as proof of employment authorization
and identity. Employers may not accept previously issued
EADs that are no longer valid. Individuals also may present
any other legally acceptable document or combination of
documents listed on the Form I-9 as proof of identity and
employment eligibility.
-
For complete information about the October
1, 2008, extension of TPS designations and the automatic
six-month extension of EADs, please see the Federal Register
Notices. Honduran
Notice and Nicaraguan
Notice.
El Salvador
On October 1, 2008, through a Federal
Register notice the USCIS formally announced an eighteen-month
extension of TPS for eligible Salvadoran nationals from March
9, 2009 through September 9, 2010. Unlike the prior extension
of TPS for El Salvador, the Notice does not automatically
extend previously-issued employment authorization documents
(EADs). Eligible TPS beneficiaries must apply to USCIS for
extensions of their EADs, and pay the required application
fee for such extensions, during the 90-day registration period.
Re-registration is limited to persons who have previously
registered with USCIS for TPS under the designation of El
Salvador and whose applications have been granted by or remain
pending with USCIS.
Will my current EAD that is set to expire on March 9,
2009, automatically be extended for six months?
No. The Notice does not automatically extend previously-issued
EADs. DHS has announced the extension of the TPS designation
of El Salvador and established the re-registration period
at an early date to allow sufficient time for DHS to process
EAD requests prior to the March 9, 2009, EAD expiration date.
You must file during the 90-day re-registration period. Failure
to apply during the re-registration period without good cause
will result in a withdrawal of your TPS benefits. DHS strongly
encourages you to file as early as possible within the re-registration
period.
May I request an interim EAD at my local USCIS District
Office?
No. USCIS will not issue interim EADs to TPS applicants
and re-registrants at USCIS District Offices. Interim EADs
may only be issued by the Vermont Service Center.
What documents may a qualified individual show to his
or her employer as proof of employment authorization and identity
when completing Form I-9?
After March 9, 2009, a TPS beneficiary under TPS for El Salvador
who has timely re-registered with USCIS as directed under this
Notice and obtained a new EAD may present his or her new valid
EAD to his or her employer as proof of employment authorization
and identity. Employers may not accept previously issued EADs
that are no longer valid. Individuals also may present any other
legally acceptable document or combination of documents listed
on the Form I-9 as proof of identity and employment eligibility.
- Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force.
- For detailed TPS information on the DHS website, please
click El
Salvador.
Burundi
On October 29, 2007, the U.S. Citizenship and Immigration
Services (USCIS) announced the termination of TPS for eligible
Burundi nationals effective May 2, 2009. Employment Authorization
Documents with a November 2, 2007 expiration date have been
automatically extended via the Federal
Register notice until May 2, 2008. For detailed information,
please click Burundi.
Sudan
On August 14, 2008, the USCIS announced an extension of TPS
for eligible Sudan nationals for eighteen months, through
May 2, 2010. Eligible Sudanese are required to re-register
with USCIS by October 14, 2008. USCIS also automatically extended
the validity of employment authorization documents (EADs)
held by Sudanese nationals in current TPS status from Nov.
2, 2008 to May 2, 2009. This six-month extension will allow
sufficient time for eligible TPS beneficiaries to receive
their new EADs without a lapse in their work authorization.
For detailed information, please click Sudan.
Somalia
On March 12, 2008, the USCIS announced through a Federal
Register notice an extension of TPS for eligible Somalian
nationals for eighteen months through September 17, 2009.
DHS also automatically extended the validity of EADs held
by Somali TPS beneficiaries. Their EADs have been extended
from March 17, 2008, the date the EADs were originally set
to expire, for an additional six months through September
17, 2008. DHS will issue new EADs to eligible TPS beneficiaries
who timely reregister by May 12, 2008, and apply for a new
EAD. For detailed information, please click
Somalia.
Liberia
On September 12, 2007, President George W. Bush issued a
Memorandum directing the Secretary of Homeland Security, Michael
Chertoff, to defer the enforced departure ("DED")
for 18 months, through March 31, 2009, of any qualified Liberian
national (or person without nationality last habitually resided
in Liberia) who is under TPS as of September 30, 2007.
Who is eligible to receive an automatic extension of his
or her EAD from September 30, 2007 to March 31, 2009?
Liberian TPS recipients issued EADs on a form I-776 and
that bear an expiration date of September 30, 2007, are automatically
extended to March 31, 2009.
What documents may a qualified individual show to his
or her employer as proof of employment authorization and identity
when completing Form I-9?
Through March 31, 2009, Liberians (and persons having no
nationality who last habitually resided in Liberia) who are
eligible for DED, may present a copy of the Federal Register
Notice regarding the automatic extension of employment authorization
documentation, along with their Form I-766 (EAD) bearing the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category,'' and having an expiration date of September 30,
2007, on the face of the card. In the alternative, any legally
acceptable document or combination of documents listed in
List A, List B, or List C of the Form I-9 may be presented
as proof of identity and employment eligibility.
For detailed information on the DHS website
regarding the Liberian DED, please see the Liberia
Fact Sheet and the DED
for Certain Liberians Questions & Answers.
For detailed information regarding Liberian
TPS, please click Liberia.
Worker Hotline: 1-800-255-7688
• Employer Hotline: 1-800-255-8155
|
. 